§ 538.7 Petitions for reduction of minimum driving range. ( a ) A manufacturer of a model type of passenger automobile capable of operating on both electricity and either gasoline or diesel fuel may petition for a reduced minimum driving range for that model type in accordance with paragraphs (b) and (c) of this section.
( b ) Each petition shall: ( 1 ) Be addressed to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.
( 2 ) Be submitted not later than the beginning of the first model year in which the petitioner seeks to have the model type treated as an electric dual fueled automobile.
( 3 ) Be written in the English language.
( 4 ) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the petitioner.
( 5 ) Set forth in full data, views, and arguments of the petitioner, including the information and data specified in paragraph (c) of this section, and the calculations and analyses used to develop that information and data. No documents may be incorporated by reference in a petition unless the documents are submitted with the petition.
( 6 ) Specify and segregate any part of the information and data submitted under this section that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter.
( c ) Each petitioner shall include the following information in its petition: ( 1 ) Identification of the model type or types for which a lower driving range is sought under this section.
( 2 ) For each model type identified in accordance with paragraph (c)(1) of this section: ( i ) The driving range sought for that model type.
( ii ) The number of years for which that driving range is sought.
( iii ) A description of the model type, including car line designation, engine displacement and type, electric storage capacity, transmission type, and average fuel economy when operating on: ( A ) Electricity; and
( B ) Gasoline or diesel fuel.
( iv ) An explanation of why the petitioner cannot modify the model type so as to meet the generally applicable minimum range, including the steps taken by the petitioner to improve the minimum range of the vehicle, as well as additional steps that are technologically feasible, but have not been taken. The costs to the petitioner of taking these additional steps shall be included.
( 3 ) A discussion of why granting the petition would be consistent with the following factors: ( i ) The purposes of 49 U.S.C. chapter 329, including encouraging the development and widespread use of electricity as a transportation fuel by consumers, and the production of passenger automobiles capable of being operated on both electricity and gasoline/diesel fuel;
( ii ) Consumer acceptability;
( iii ) Economic practicability;
( iv ) Technology;
( v ) Environmental impact;
( vi ) Safety;
( vii ) Driveability; and
( viii ) Performance.
( d ) If a petition is found not to contain the information required by this section, the petitioner is informed about the areas of insufficiency and advised that the petition will not receive further consideration until the required information is received.
( e ) The Administrator may request the petitioner to provide information in addition to that required by this section.
( f ) The Administrator publishes in the Federal Register a notice of receipt for each petition containing the information required by this section. Any interested person may submit written comments regarding the petition.
( g ) In reaching a determination on a petition submitted under this section, the Administrator takes into account: ( 1 ) The purposes of 49 U.S.C. chapter 329, including encouraging the development and widespread use of alternative fuels as transportation fuels by consumers, and the production of alternative fuel powered motor vehicles;
( 2 ) Consumer acceptability;
( 3 ) Economic practicability;
( 4 ) Technology;
( 5 ) Environmental impact;
( 6 ) Safety;
( 7 ) Driveability; and
( 8 ) Performance.
( h ) If the Administrator grants the petition, the petitioner is notified in writing, specifying the reduced minimum driving range, and specifying the model years for which the reduced driving range applies. The Administrator also publishes a notice of the grant of the petition in the Federal Register and the reasons for the grant.
( i ) If the Administrator denies the petition, the petitioner is notified in writing. The Administrator also publishes a notice of the denial of the petition in the Federal Register and the reasons for the denial.
[63 FR 66069, Dec. 1, 1998, as amended at 75 FR 25728, May 7, 2010]